contest their client's quilt; their function is generally confined to requesting clemency. There 1s an appeal process, but initial decisions are rarely overturned, and sentences can actually be increased. Defendants are expected to "show the right attitude" by confessing their crime, and, because they are presumed guilty, those who fail to confess are treated more harshly.
U.S.
(U.S. Department of State, Country Reports on Human Rights Practices for 1989, Washington, D.C.: Government Printing Office, 1990, p. 806.)
In view of the above stated situation, it seems possible that no democratic country is willing to conclude an extradition with the PRC.
14.
Given that the PRC has no extradition treaties and
and no domestic extradition law, extradition requests are considered and decided upon by the executive on a case by case basis, in Iccordance with discretionary considerations, and not on the basis of rules of law applied in the context of a judicial procedure. The FRC has not yet extradited any person to a foreign country for criminal trial. From an examination of the applicable law and from the previous history of the PRC to date, the indications are that the PRC would apply its regime of
its regime of extradition
extradition to the HKSAR and there is nothing in the Basic Law which would prevent the PRC from so imposing its regime in this manner.
15. I have further been asked whether, after July 1, 1997, the PRC is free to decide whether it wishes to transfer a prisoner serving a sentence in the HKSAR to the PRC. The Basic Law is silent on this issue. However, since the HKSAR is placed under the sovereignty of the PRC, the latter is free to decide whether it wishes to do so. In those circumstances, a person extradited to Hong Kong could be lawfully transferred
to the PRC and can be lawfully dealt with under the PRC criminal law and be subject to inter alia those provisions which I have set out in paragraph 13 of
Opinion above.
Signed
ungdah Chiu February 20, 1991
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